Open Letter: Draft Letter from County Lawyer Nossaman to FERC Re: 10/1/2024 BOS agenda

Author: William E. Simpson II

TO: Siskiyou County Board of Supervisors 

CC: Concerned Stakeholders and Interested Parties

RE: FERC/KRRC Failure to Address Demands of April 14, 2024 Nossaman Letter (attached & Linked for reference)

OPEN LETTER OF PROTEST OF FERC AND KRRC/RES NONCOMPLIANCE & FAILURES 

VIA EMAIL ONLY

REQUEST CLERK TO DISTRIBUTE THIS LETTER & ATTACHED LETTERS – For use during 10-1-24 Meeting – Agenda Item 6-A

Dear Chairman Kobseff, Siskiyou County Supervisors, et. al.:

As you know, Siskiyou County had it’s retained law firm ‘Nossaman‘ write a Letter to the Federal Energy Regulatory Commission (‘FERC’) back on April 18, 2024. To date, we are unaware of any reply from FERC or the Klamath River Renewal Corporation (‘KRRC’), nor any compliance with the stated demands in said April Letter related to the very serious problems cited. I am however aware of KRRC/RES defiance in the face of said Letter.

Along with other citizens, I applaud the continued work by the County and it’s law-firm Nossaman to gain compliance with the NEPA/CEQA approved EIS and Plan, and the issues related to KRRC’s, failures to follow the so-called ‘Plan’, as are well-documented (photos, videos, testimony, witnesses, etc) as ‘not going to Plan’. 

Furthermore, the County demands being made regarding the environmental justice for its people, communities and ecosystem at and around the former Iron Gate and Copco Lakes is spot-on, and given the vulnerability of these disadvantaged communities of largely elderly citizens is of high priority.

Adding to the financial hardships of your citizens:

KRRC & RES contractors who are making $-millions by using our local roads, have created the extreme damage to our roads with unparalleled heavy truck and equipment traffic well beyond the road design, especially on Copco Road.  This road damage is costing citizens directly in regard to vehicle damage and maintenance costs related to tires, wheel bearings, shocks, exhaust systems, and other vibrational damage caused by the hundred+ potholes, small and large and washboarded road, that now resembles a bombed-out road from the Ukraine.  The Board of Supervisors should be advocating that it’s affected citizens should be made financially whole for these damages to their vehicles as well.

FYI: The so-called mitigation fund has not made any citizen suffering direct losses from damage removal whole. And now it is ‘closed’.

I am shocked and appalled by the open public disrespect being shown to the citizens of Siskiyou County and their elected officials by FERC,  KRRC, RES coupled with their ongoing disregard to compliance demands. 

It seems the County may now have grounds for litigation for the past and ongoing proven damages stemming from the litany of failures by KRRC to adhere to the EIS approved Plan. 

Why bother with NEPA and CEQA if the results of such oversight and guidance are merely tossed aside without any repercussions? Let’s face it, the present arguable failures by KRRC represent intentional gross negligence and disregard for the Plan, the impacts from following the Plan on citizens and the ecosystem.

And all during this dam removal process by KRRC, the Constitutionally protected property rights of American citizens have been tossed into the gutter.  This must not be allowed to stand as it sets a very dangerous precedent for other Americans in regard to agency overreach without the participation of their elected officials and Congress. Question: Will the Siskiyou County allow its own citizens (tax payers) to be abused in this outrageous manner? 

I am particularly concerned that the demands from the April 18th 2024 Nossaman Letter to FERC have not been met, and it seems are just ‘brushed off’ by FERC, KRRC and Resource Environmental Solutions. 

Namely: Nossaman Letter

April 18, 2024

Page 11

62692104Requests: The County makes the following requests to FERC related to the large-scale, permanent fencing:

 Require that KRRC, RES, and Trout Unlimited follow the necessary NEPA and CEQA analysis and documentation and obtain required permitting if large-scale fencing occurs or other actions outside of the FERC Order are to occur.

 Require that the fencing project consider public access and require KRRC to engage with the public and County departments (including County Administration, Planning, and Ag. Commissioner’s Office) about the Project.

 If the fence is installed (note: as of 9-27, 24 fencing is present), require KRRC to provide alternative watering facilities for wildlife and livestock. (note: As of 9-29-24 NO alternative water sources have been provided)

In defiance of the County’s demands, KRRC/RES have installed a permanent fence, possibly on/off the properly lines, and well-beyond the planned temporary fence along the shoreline. I believe this new permanent fence may be encroaching on the County’s 60-wide Copco Road Easement in one or more locations.  KRRC/RES have failed to provide the required ‘alternative water sources’, which forces wildlife and livestock to cross the dangerous polluted sediments to reach water in the Klamath River. 

At this time of the year, every-year for the past many decades, livestock and wildlife come down off the mountains to reach water along the shorelines of the lakes. Now that the lakes are gone, the Klamath River is the primary, HISTORIC water source. However, animals now face a formidable barrier in this new permanent fencing. We lost one of our baby horses that died, stuck in one of these cracks (photo is very graphic and available on request only).

The KRRC and RES have falsely attempted to scapegoat the livestock (cattle and horses) for their largely failed ‘revegetation’ effort.  However, as in any scientific study, a ‘control’ demonstrates and contrasts the difference in results. And in the case of the revegetation of the sediment beds, we find, photographically beyond doubt, that the area that was seeded on the south side of the Klamath River is looking just as sparse as the north side. 

It’s a fact that there no horses grazing whatsoever on the south side of the Klamath River and those sediments, yet the south side is just as barren as the north side sediment beds. Photo above taken Aug. 19th, 2024.

As I write this, the Klamath River is extremely turbid with polluted (LINK TO STUDY) CDM SMITH Study showing bio-accumulative toxins and metals) clay sediment, a situation that is going on the 9th month continuously, with the resulting adverse impacts to irrigation systems all along the River below the dams. 

The Horn Ranch (Hornbrook, CA) is now facing serious business issues given the loss of irrigation from polluted clay sediments, resulting in no hay production for winter cattle feed.  

And now the microscopic clay sediments have infiltrated into all the plumbing system at the Collier Rest Area, which serves over 1-million travelers using interstate-5 annually, forcing closure.

In closing, these egregious insults by KRRC to Americans, their Constitutional rights, including property rights, NEPA and CEQA processes to protect the environment, and our elected officials, right up to the Congress of the United States must condemned and struck down using all means at the disposal of our County. This matter should be taking the highest level of precedence and priority at the proceedings of Siskiyou County.

Respectfully Submitted,

William
Capt. William E. Simpson II – USMM Ret.
Ethologist – Author – Conservationist 
Wild Horse Ranch